Competition Terms and Conditions. Disney Channel FanFest Competition

Transcription

1 Competition Terms and Conditions Disney Channel FanFest Competition It is important that you read and understand these Terms and Conditions, particularly paragraphs about Disney's legal responsibility to you such as paragraph 7. If you do not understand these Terms and Conditions, you should seek help to understand them. 1. Competition overview a) To enter Disney Channel FanFest competition (the Competition ), entrants must first take a photo to prove they are Disney Channel s biggest fan, as per the instruction provided on the DisneyChannel.com.au and DisneyChannel.co.nz websites (the Photo ). Entrants must then go to or and click through to the Competition page. There, entrants must upload their Photo and complete and submit an entry form (the Entry ). b) The Competition opens Saturday 29 June 2013 at 08:00 (AEST/NZST) and closes Sunday 14 July 2013 at 23:59 (AEST/NZST) (the Competition Period ). Entry can only be made during the Competition Period. The Competition will be decided on Tuesday 16 July 2013 at 12:00 (AEST /NZST) (the Selection Date ). c) You may enter the Competition once only, and each Entry is eligible to win one (1) Prize. d) Entry into the Competition is free (except for any normal internet connection charges that may apply). e) Each entrant and their parent / legal guardian hereby agrees that they will sign and return a winner selection form in the time requested by Disney as a condition to being selected as a Winner and accepting the Prize (the Winner Selection Form ). Disney reserves the right to select an alternative Winner if an entrant and their parent / legal guardian refuse to sign and return a Winner Selection Form. 2. Promoter The promoter of this Competition is The Walt Disney Company (Australia) Pty Limited ACN ( Disney ) of Level 3, 68 York St, Sydney, NSW, 2000, Australia. All judging s will take place at the Disney offices. 3. Eligibility a) To be eligible to enter the Competition: i. you must be a permanent resident of Australia or New Zealand; ii. you must be between the ages of eight (8) and eighteen (18) years old and you must have your parent s or guardian s permission and consent to the Official Rules (we may contact this person to confirm their agreement); iii. you must be available to travel between Saturday 3 August 2013 and Monday 5 August 2013*, and attend the Disney Channel FanFest Event in Sydney on Sunday 4 August 2013 at the Entertainment Quarter in Sydney; and iv. neither you nor anyone in your immediate family may be an employee of Disney, affiliated with Disney or connected to the Competition in any way. *Travel will only be required by Winners selected whom reside outside of NSW. b) Disney may disqualify you if: i. you or your Entry do not meet any one or more of the requirements set out in these Terms and Conditions;

2 ii. your Entry includes any objectionable material or infringes the rights (including intellectual property rights) of any third party; iii. iii. you fail to sign a return a Winner Selection Form in the time requested by Disney (if requested to do so); or iv. you tamper in any way with the operation of the Competition. c) Your Entry must be complete, in English and legible. d) If for any reason this Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, unforeseen legal or commercial circumstances or any other causes beyond the control of Disney which corrupt or affect the administration security, fairness, integrity, or proper conduct of this Competition, Disney reserves the right in its sole discretion, to cancel, terminate, modify, delay or suspend the Competition. 4. Winner selection a) The Competition is a game of skill. Chance plays no part in determining the winner. b) Disney will appoint judges for the Competition (the Judges ). c) The winner selection will take place on the Selection Date. The Judges will select from the valid Entries into the Competition five (5) prize winners, on the basis of creativity and innovation of their Photo to be awarded as major winners (each a Major Prize Winner ) and forty-five (45) prize winners, on the basis of creativity and innovation of their Photo, to be awarded as minor prize winners (each a Minor Prize Winner ). For the avoidance of doubt, fifty (50) prize winners will be selected in total. The Judges decisions are final and no correspondence will be entered into. d) The Winners will be notified by or phone within two (2) days of the Selection Date (see paragraph 1 (b). All reasonable attempts will be made to contact the Winners. e) The names of the Winners will also be displayed on the Competition website. f) All Prizes must be claimed within one (1) week of the Selection Date. If for whatever reason any Prize is not claimed by this date, an unclaimed prize selection will be carried out on Tuesday 23 July 2013 at 12:00 (AEST). g) If any proposed selection date falls on a public holiday in New South Wales, that selection will be conducted on the following business day. h) If any person first chosen as a Winner is found to be ineligible, they will be disqualified another entrant will be selected as replacement Winner. 5. Prize a) There will be five (5) major prizes (each a Major Prize ) and forty five(45) minor prizes (each a Minor Prize ) (collectively, each a Prize ) to be won during the course of the Competition as follows: i. The Major Prize will consist of: One (1) VIP Disney Channel FanFest Event Package for two (2) children (between the ages of eight (8) and eighteen (18) years old) and one (1) adult (over the age of eighteen (18) years old), including: o return economy flights for two (2) children (between the ages of eight (8) and eighteen (18) years old) and one (1) adult from their nearest capital city (for winners in Australia) or Auckland, Wellington or Christchurch (for winners residing in New Zealand) to Sydney, Australia (valued at up to AU$3,000.00)**; o two (2) night s accommodation in a triple room at the Sydney Four Seasons Hotel for two (2) children (between the ages of eight (8) and eighteen (18) years old) and one (1) adult (valued at up to AU$1,000.00)**;

3 o o entry for two (2) children (between the ages of eight (8) and eighteen (18) years old) and one (1) adult to the Disney Channel FanFest Event on Sunday 4 August 2013 at the Entertainment Quarter in Sydney (valued at up to AU$200.00); and a private meet & greet session with the stars at the Disney Channel FanFest Event (entertainment subject to the availability of the stars on the day) (valued at up to AU$200.00). **return economy flights and accommodation are not available to winners and their companions in instances where the winner selected resides in NSW, as stated by the Winner at the time of filling in and submitting the entry form. For the avoidance of doubt, if a winner who is selected resides in NSW then the prize will be valued at a maximum value of AU$ The maximum value for the Major Prize is valued between AU$ and AU$4, (dependent on the state or territory of residence of the Winner selected). ii. The Minor Prize will consist of: A Disney Channel FanFest Event Package for two (2) children (between the ages of eight (8) and eighteen (18) years old) and one (1) adult (over the age of eighteen (18) years old), including: o return economy flights for two (2) children(between the ages of eight (8) and eighteen (18) years old) and one (1) adult from their nearest capital city (for winners in Australia) or Auckland, Wellington or Christchurch (for winners residing in New Zealand) to Sydney, Australia (valued at up to AU $3,000.00)^; o Two (2) nights accommodation in a triple room at the Sydney Four Seasons Hotel for two (2) children (between the ages of eight (8) and eighteen (18) years old) and one (1) adult (valued at up to AU$1,000.00)^; and o Entry for two (2) children (between the ages of eight (8) and eighteen (18) years old) and one (1) adult to the Disney Channel FanFest Event at the Entertainment Quarter in Sydney on Sunday 4 August 2013 (valued at up to AU$200.00). ^return economy flights and accommodation are not available to winners and their companions in instances where the winner selected resides in NSW, as stated by the Winner at the time of filling in and submitting the entry form.. For the avoidance of doubt, if a winner who is selected resides in NSW then the prize will be valued at a maximum value of AU$ The maximum value for the Minor Prize is valued.between AU$ AU$4, (dependent on the state or territory of residence of the Winner selected) The total Competition prize pool is valued between AU$11, and AU$211, (dependent on the state of residence of the winners selected) The Prize values are based upon the recommended retail prices (inclusive of GST). Disney does not accept any responsibility for a change in Prize value. b) If you are a Winner: i. You may not transfer the Prize to anyone or ask for any alternative Prize (including cash). ii. Disney may replace the Prize with another prize of equal value in the unlikely event that the Prize becomes unavailable. iii. If you are not able to take the Prize as stated, you will forfeit the Prize and no payment or compensation will be made in lieu.

4 iv. Once the Prize has left the premises of Disney, responsibility for any damage, delay or loss to the Prize during transit will pass to you. v. Disney may ask you or your parent/legal guardian to provide proof of your age, identity and residency, and to sign any required documentation including release forms as a condition of claiming the Prize. vi. You or your parent/legal guardian are responsible for all expenses and taxes connected to your participation in the Competition and not included in the Prize. vii. If requested by Disney, the Winner may be required and must agree to be filmed during the presentation of the Prize. The Winner hereby grants to Disney the right to issue, and authorise others to issue, publicity concerning the Winner, and the right to use Winner s name (including any professional name or sobriquet adopted by Winner), likeness and biographical data in connection with the promotion of the Competition. c) If you are the Winner of a Prize, i. you and those travelling with you (your Guests ) must, at the very least: A. be aged between eight (8) and eighteen (18) years old and be accompanied at the Disney Channel FanFest event and during any travel which is a part of the Prize (is applicable) by a parent / legal guardian at all times; B. be able to attend the Disney Channel FanFest event held at the Entertainment Quarter in Sydney on Sunday 4 August 2013; C. be able and willing to travel between 3 August 2013 and 5 August 2013^^; and D. have passports that are valid for six (6) months or more from departure. ^^travel requirements are only applicable to winners selected who reside outside of NSW. ii. Except as set out above and unless and to the extent otherwise specified, you are responsible for all expenses connected to your participation in any Prize, including without limitation meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratuities, services charges, passports, visas and all other ancillary costs. The Prize does not include any travel insurance. It is the responsibility of you and your Guests to purchase travel insurance. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances. iii. You and your Guests must depart on the same flight. Except as specified above, you are responsible for arranging transport from your and your Guests residence to the nearest capital city for flight departure Canberra/Brisbane/Melbourne/Hobart/Adelaide/Perth/Darwin/ Auckland/Wellington/Christchurch. iv. If you are below the age of eighteen (18) you must be accompanied by at least one (1) parent or guardian throughout the duration of the trip. v. Travel will be arranged by Disney, or an agency of Disney s choice, and subject to any booking restrictions such as availability of accommodation and flights. All elements of the Prize must be taken together. Travel suppliers and accommodation are to be chosen at the discretion of Disney. Travel arrangements cannot be changed once made. vi. A credit card imprint or cash deposit may be required to check-in to the hotel, for all incidental charges. vii. Disney is not in a position to make representations as to the safety, conditions or other issues that may exist at any destination. We urge you to obtain international travel advice, available from various sources including government, local consular offices and the website of the Australian Department of Foreign Affairs and Trade. viii. It will be a condition of accepting the Prize that the winner and guests agree that Disney will not be liable for any personal injury or other loss or damage (whether direct or consequential loss or damage) suffered or sustained in connection with the Prize, except for any liability that cannot be excluded by law.

5 ix. Disney accepts no responsibility for any variation in the value or make-up of the prizes or any event that occurs that is beyond Disney s reasonable control. The Winner and each of the guests also acknowledge that participation in and attendance at any event (including travel and accommodation providers) may be subject to additional terms and conditions imposed by third parties. Disney does not accept any responsibility and is not liable for additional conditions imposed at any event or for the breach of those conditions by any person. 6. Ownership a) Disney will own your Entry and will not return your Entry at the end of the Competition. You may keep a copy of the Entry for archiving purposes. b) You agree that all of the rights (including intellectual property rights) in your Entry, including any copyright works in your Entry, belong to Disney and you hereby assign any rights you may have to Disney. This includes all copyright (present or future), other intellectual property rights and rights of ownership. You grant a perpetual worldwide license (including a right to sub-license) to Disney of all rights in your Entry pending completion of this assignment. c) You agree to do all things necessary (which may include signing documents) to transfer these rights to Disney. d) You consent to Disney doing or omitting to do anything that infringes your moral rights in your Entry. Moral rights are your inherent rights in your Entry as the author and/or performer in the Entry and comprise the rights: i. to be attributed as the author of the Entry; ii. not to have your authorship of the Entry falsely attributed; and iii. of integrity of authorship and/or performance. 7. Liability and Indemnity a) Disney is not liable, and you release Disney from liability, for any loss or damage that you may suffer from your participation in the Competition, including (without limitation) if: i. the Competition is cancelled, modified, suspended or delayed, including under paragraph 3d); or ii. Disney does not receive your Entry within the Competition Period for any reason. b) The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings, and give you other legal rights. If they apply, they cannot be modified or excluded by any contract. You may consider seeking legal advice as to whether they apply to you. c) Nothing in these Terms and Conditions generally affects your rights under Australian consumer law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and equivalent State and Territory fair trading legislation) regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law. Other than these consumer guarantees, and subject to paragraph 7b), Disney makes no warranties about any prizes offered as a part of the Competition, including warranties as to the quality, merchantability or fitness for purpose of such prizes. d) You agree to indemnify Disney against all liabilities suffered or sustained by Disney arising from any claim by a third party that your Entry infringes the rights (including intellectual property rights) of any third party. 8. Representations and warranties You represent and warrant that you have all of the rights necessary to effect the transfer of rights to Disney under paragraph 6.

6 9. Privacy a) Disney will collect your personal information (such as your name and biographical data) as part of the Competition and may use this information anywhere in the world for the purposes of administering the Competition, and other purposes for which we obtain your express consent. Where you have expressly consented, your personal information may be provided to Disney affiliates, including overseas affiliates for future promotional, marketing and publicity purposes without notice and without any fee being paid unless otherwise advised by you. b) Disney will comply with its privacy policy in the collection and use of your personal information. Disney's privacy policy is available at Disney Intellectual Property a) Unless expressly stated in these Terms and Conditions, your participation in the Competition does not entitle you to use any of Disney's intellectual property rights (including any Disney trade mark or copyright) for any purpose. b) You may not disclose your Entry to anyone other than Disney. You may only use your Entry to participate in the Competition. You may keep any copy of your Entry for your personal records. 11. Governing law These Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to the nonexclusive jurisdiction of courts exercising jurisdiction there, and waive any right to claim that those courts are an inconvenient forum. 12. Severability Any provision (or part thereof) of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions (or parts thereof) of these Terms and Conditions nor affect the validity or enforceability of that provision (or part thereof) in any other jurisdiction. 13. Entire Agreement These Terms and Conditions contain the entire agreement between you and Disney with respect to the Competition. They set out the only conduct that you have relied on and supersede all earlier conduct and prior agreements and understandings between you and Disney in connection with the Competition.